Monday, 19 July 2010

It is criminal mercantilism to protect Tobacco cigarettes and pharmaceuticals

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The early 1900s William Randolph Hearst- Samuel Adams Hopkins - Harvey Wiley USDA-AMA/APhA conspiracy to ban coca
(What Ira Glasser is apparently OK with not addressing)

The drug war is criminal agricultural mercantilism.

It was initiated by the nation with a high political regard for Tobacco, through the USDA – established in 1862 by then U.S. President Lincoln to promote domestic agriculture -- and the private AMA-APhA, with stated concerns about coca’s use as a tobacco habit cure, and that in general of various herbs as essentially alternatives to synthetics (the real ‘patent’ drugs later known as pharmaceuticals). This was a long time political alliance marked, amongst other things, by the numerous cigarette advertisements in medical journals expressing the conventional medical establishment’s endorsement of cigarette smoking as healthy.

It came about just after the time that the U.S. took control of what became the Panama Canal Zone, to complete the canal essentially connecting the Atlantic and Pacific Oceans, tremendously shortening shipping supply lines of harvested Coca leaves from Peruvian ports to north Atlantic markets, by 1914- the year the U.S. enacted the prohibitive Harrison ‘Narcotics’ Tax Act.

That act, signed by US President Woodrow Wilson on December 17, 1914 and taking effect March 1, 1915 prohibited any food or dug products containing any amount of cocaine.

It would be the outgrowth of this anti-coca Hearst-Wiley collaboration that emerged in 1904, following years of expressing no such interest in banning coca- notably Wiley had been head of the USDA Chemistry Bureau since 1883, yet apparently never said anything even negative about coca until 1904. This collaboration included that directly between Hearst and his ‘muckraking’ writer Samuel Adams Hopkins, and Hopkins and Wiley for a series of articles seeking a ban on coca based upon confusing it in people’s minds with cocaine in highly concentrated doses. Since decades of Vin Mariani use had shown coca to be rather safe safe and effective, such interests had to resort to innuendos designed to confuse the acute toxicity of concentrated cocaine dosing to create a doubt in the many unfamiliar with coca the intellectually slippery slope of the false idea that coca was somehow chronically toxic. This campaign’s political deceitfulness with those unfamiliar with coca versus those already familiar was evident with the US State Department’s acknowledgment that the so called Opium conventions should for the time being respect those areas were coca was legally differentiated from concentrated cocaine versus, say, the emperor of China by defining cocaine as a singularity as a drug that is injected- infinitely its most deleterious mode of administration!

This deceitful, slippery slope nature of the anti cocaine in any amount campaigners – or crusaders – had its initial legislative expression at the U.S. Federal-National level with the 1906 U.S. Pure Foods and Drugs Act. Such didn’t ban coca, but instead provided the means to effectively do so by empowering the USDA Bureau of Chemistry – aka Wiley – to arbitrarily declare a substance deleterious to health and ban in from food products as “adulterated”. Since Wiley in collaboration with the Hearst publishing empire had ‘determined’ that cocaine was simply a bad drug regardless of any actual pharmacological matters between dilute and concentrated dosing- say as between drinking coffee and snorting smoking or injecting pulverized No Doz or Vivarin caffeine pills, many coca- dilute cocaine manufactures failed to list cocaine as an ingredient to avoid stigma- though not necessarily deceive as many of these products were conspicuously labeled as coca, hence bringing into question why coffee or tea products were not required to list caffeine as an ingredient. Sure, coca products naturally containing cocaine could remain in substances sold as drugs, which were coming increasingly at this same time under non refillable prescription requirements by the various U.S. State legislature (as a result of the same Hearst-Wiley-AMA-APhA campaign/crusade). In 1907, Vin Mariani for U.S. markets was sold de-cocainated, a move only furthering the erroneous idea that dilute cocaine was somehow bad).

The 1906 act also established a list of drugs, including cocaine, that had to be listed in the product’s labeling list of ingredients, including the amount per product fluid ounce, but with caffeine and nicotine unfairly excluded: despite Wiley’s later incessant crusading against Coca-Cola for containing isolated caffeine- in contrast to coffee and teas naturally containing caffeine- a distinction he would altogether neglect concerning coca versus isolated (yet dilute) cocaine, let alone isolated cocaine in concentrated doses. This act neither mentioned coca nor coffee. Yet its double standard on labeling would further portend a clear agricultural market protection based bias already expressed by its clever definition of its jurisdiction over substances contained within the U.S. Pharmacopeia – an official encyclopedia listing of all commonly accepted medicines – from which Tobacco had been deleted in 1905. The continuing campaign-crusade against cocaine irregardless of whether dilute or concentrated, expressing itself as the state legislative banning from foods and non-refillable prescription requirements, and such various things as the 1908 U.S. Homes Commission, and the USDA’s infamous Farmer’s Bulletin article ; "Habit Forming Agents: Their indiscriminate sale and use a menace”, would lead to the 1914 Harrison Act.

The 1906 Pure Food and Drugs Act, by its establishment of a dictatorial USDA to protect agricultural markets with no requirement of scientific basis, with its market intervention regarding coca and tobacco, ultimately cemented by the 1914 Harrison Act, had clear sales effects.

Yet it has been an unmitigated health disaster that was foreseeable.


... there are tens of thousands of people in the United States who die every year from the excessive use of cigarettes; and yet I find Senators still pulling away at the cigarette as though t were a perfectly harmless thing. I believe the Senator will agree with me that there are many thousands of people who die from what is called tobacco cancer, a cancerous growth affecting the throat from overuse of cigars; and we find perhaps 60 percent of the Senators pulling away at the cigar as unconcerned as though no one were dying as a result of these cigars...

U.S. Congress, Senator Porter James McCumber (R) North Dakota, August 15, 1914
They knew.

In light of this disaster of criminal agricultural mercantilism, criminal as a violation of the U.S. Constitution, and agricultural as the USDA protecting a well established domestic agricultural commodity from a foreign competitor that they studied just prior to 1904, and would have found to be more impractical-expensive to grow in most of the U.S. as it would require hothouses at a time of the foreseeable competition of the Panama Canal shortening coca supply lines to north Atlantic markets, I can only ask why the DPF’s Arnold Trebach would write, in his book The Heroin Solution, that the Harrison Act was somehow progressive:
Despite its bad reputation, however, I am, on balance, prepared to ascribe “a good motive”, in Senator Lane’s words, to the HNA itself. Although I have long considered it a repressive piece of legislation, a fresh reading of the historical record now leads me to believe that it was, on the whole, a rather intelligent, rational and progressive one.

The Heroin Solution, Arnold Trebach, at p 122

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Wednesday, 11 February 2009

Coca Come Back

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Coca products are making a come back in parts of South America, even as elsewhere, this remains bottled up.


Since a century or so ago, when the essence of Coca was popularized by Angelo Francois Mariani, born December 17, 1838, died April 1, 1914.

It was Mariani who created the primeire Coca beverage, Vin Tonique Mariani, or simply Vin Mariani.
It could be been called the bottled essence of this 'gal', the Goddess of that which grows, her name here as MamaCoca, or the Mother of Coca, revealed in such art as the cover of Anthony Richard Henman 1978 book MamaCoca.


And also revealed in such artwork as this ceiling painting in Mariani's Coca Salon in his manufacturing facility in Nueilly-sur-Seine, a western suburb of Paris.
Angelo Francois Mariani's
Neuilly-sur-Seine Coca Salon ceiling painting
by Eugene Courbin
The Goddess Bringing the Coca Branch to Europe

Surely someone out there has a full photo of this interesting painting to share about this most special 'gal' whose essence had been bottled ...
Angelo Francois MaraniNeuilly-sur-Seine
Coca Salon


Villa Mariani, southern France
where Angelo Francois Mariani died April 1, 1914

The last bottle of Vin Mariani in the United States?

The U.S. Harrison 'Narcotics' Control Act effectively bans Coca with red tape -- requiring a tax form and registration -- for every commercial transaction and a non refillable prescription from a physician.
This criminalization of 'Opium, etc" [Coca and their derivatives] of course effectively favored refined cocaine, owing to prohibition's iron law of favoring easier to smuggled refined concentrated forms of the drug.


Yet this had an immediate economic effect of making the world safe for big pharm, and for cigarettes of that agricultural commodity of Virginia 'Bright Leaf'

1907 cigarette ad


1946 ad

Production of Cigarettes 1880 - 1968
From Licit & Illicit Drugs, by Edward M. Brecher and Consumers Reports at page 230 showing upturns in cigarette production, following the times of the 1906, 1914 and 1937 U.S. 'drug control laws'

Coca Feared as 'Tobacco Habit Cure'
http://freedomofmedicineanddiet.blogspot.com/2011/04/coca-as-tobacco-habit-cure.html








Given their relative safety, this is an absolute disaster for health care costs:
http://freedomofmedicineanddiet.blogspot.com/2008/03/coca-leaf-stands-out-among-all.html
In each major category of intoxicant used by our species, there appear to be one or two drug plants that researchers have noted, are more controllable, hence safer, than all the other plants or synthetics in that category. Coca leaf stands out among all the stimulants, licit and illicit, as the easiest to control and the one least likely to produce toxicity or dependency.
And they would know that in 1914:


... there are tens of thousands of people in the United States who die every year from the excessive use of cigarettes; and yet I find Senators still pulling away at the cigarette as though t were a perfectly harmless thing. I believe the Senator will agree with me that there are many thousands of people who die from what is called tobacco cancer, a cancerous growth affecting the throat from overuse of cigars; and we find perhaps 60 percent of the Senators pulling away at the cigar as unconcerned as though no one were dying as a result of these cigars...

U.S. Congress, Senator Porter James McCumber (R) North Dakota, August 15, 1914
Nonetheless our governments have proven their loyalty to this apostasy from common sense with the descent into and continuation of this criminal mercantilism primarily for the sake of Virginia Bright Leaf Tobacco that came in the early 1900s.

An exception to this was the government of Bolivia. particularly starting in 1988 with its rejection of the 1961 U.N. Single Convention on 'Narcotics' requirement that Bolivia instead criminal the traditional uses of Coca, such as the sale of the raw leaves by street side merchants.

1988 would be the year that Bolivia re-legalized the creation and marketing of commercial Coca products in the industrialized tradition of Vin Mariani, with the emergence of COINCOCA, a privately owned Coca products manufacturer in Bolivia.




Evo Morales - President of Bolivia

Evo Morales, formerly a representative of Coca growers, continues Bolivia's quest for the re-legalization of Coca, with its removal from the UN INCB convention, some two decades later.

Within the U.S., indeed inside the I-495 Capital Beltway, within Washington, D.C., the Drug Policy Foundation was established shortly before to take opposition to the pharmacratic inquisition beyond Marijuana- particularly for being a does response to the hysteria following the 1986 cocaine overdose death of University of Maryland basketball player Len Bias.

 After all there has been a NORML -- the National Organization for the Reform of Marijuana Laws -- which by definition is limited to Marijuana. So the Drug Policy Foundation would be logical for addressing not only Marijuana, but the other popular 'illicit' drugs, particularly cocaine, as it was cocaine that was being used as the excuse to continually debase the civil liberties guaranteed by the U.S. Constitution's Bill of Rights.
Nonetheless the Drug Policy Foundation has more or less sat on the issue, particularly staring with the years of the Clinton Administration.
The Drug Policy Foundation- Just Say Whoa!

Historical Ignorance Sadly Fostered by DPF/DPA
In no way does this imply a lack of talent, but rather a misapplication, apparently with the legal muscle necessary to truly bring about change.
Help Evo Morales government shame the United Nations, the United States government and other authorities responsible for this atrocious criminal mercantilism that perverts Coca to concentrated cocaine while making the world safe for Virginia Bright Leaf cigarettes.
Help the Drug Policy Alliance – successor organization to the Drug Policy Foundation -- and the lead organization for positive change in these laws.
Help an emerging market in commercial coca products.
For such, just look at the connection established in 1988, not simply with Bolivia’s re-legalization, but with how Arnold Trebach’s and Kevin Zeese’s Drug Policy Foundation was connected:
http://freedomofmedicineanddiet.blogspot.com/2008/03/drug-policy-foundation-legal-connection.html
While the Drug Policy Foundation has outstanding counsel in Kevin Zeese, the leading Washington firm of Covington & Burling accepted the Foundation as a pro bono publico client in regard to corporate and tax matters in 1988. We have received valuable advice from Marialuisa Gallozzi the Covington & Burling associate assigned primary responsibility to advise the Foundation.
Covington & Burling is perhaps the most established food, drug and cigarette industry law firm in Washington, D.C. if not the world.
Our Food and Drug Practice includes representation before the Food and Drug Administration (FDA), Federal Trade Commission (FTC), and United States Department of Agriculture (USDA), and litigation at all levels in the federal courts. In addition, the firm has represented numerous clients in state food and drug law matters. The firm represents clients in each of the product categories regulated by FDA, including food, human prescription and nonprescription drugs, biological products, animal feeds and drugs, medical devices, cosmetics, and electronic radiation products.
Not only was it founded in the wake of the 1906 U.S. Pure Food and Drugs Act and the 1914 Harrison 'Narcotics' Tax Act, it has been the lead coordinator for the Virginia Bright Leaf cigarette industry legal strategies.
http://freedomofmedicineanddiet.blogspot.com/2008/08/cig-ind-legal-coordination_27.html
In a February 1964 meeting the executives agreed to appoint a single spokesman to respond to the FTC regulators. “Counsel were in agreement that if representatives of individual companies were to make a presentation to the FTC, they might be faced with embarrassing questions as to particular advertising and that conflicting statements as to the proposed Trade Regulation Rules might be voiced.” As a result they agreed to rely upon attorney Thomas Austern of Covington & Burling to speak for them all. He “would be best able to ‘field’ these questions, to plead ignorance to ads, etc. 46
And the attorney-adviser? Marialuisa Gallozzi- hired by Covington & Burling in 1987 is a Food, Drug and Insurance industry attorney, that has been described as a “rising star ... an intellectually strong negotiator and adviser with excellent judgment.” [who is] “really making a name for herself.”
Marialuisa ("ML") Gallozzi is a partner in the insurance coverage and food and drug practices. ... She also provides food and drug advice to manufacturers of medical devices, over-the-counter drugs, and dietary supplements.
http://freedomofmedicineanddiet.blogspot.com/2008/03/drug-policy-foundation-advised-by-c.html
http://freedomofmedicineanddiet.blogspot.com/2009/01/holder-breuer.html
Covington & Burling - Food and Drug PracticesCovington & Burling - Bio - Marialuisa S. Gallozzi
J.H. Covington
1201 Pennsylvania Avenue
Covington & Burling building
Marialuisa Gallozzi

Arnold Trebach and Kevin Zeese

Seems ironic the Drug Policy Foundation that sits on the Coca issue, would get advised by perhaps the best established most powerfully used food and drug industry law firm – indeed being the firm responsible for coordinating the defense of the cigarette industry! -- by an attorney later listed as a food and drug attorney.

So how about having these legal resources used for advising drug policy reform organizations, along with representatives of the coca growers industry, including the government of Bolivia for the end of this criminal mercantilism of this drug prohibition, and the reintroduction of products as Vin Mariani?


The Drug War is criminal mercantilism to protect cigarette and pharm interests
http://freedomofmedicineanddiet.blogspot.com/2010/07/it-is-criminal-mercantilism-to-protect.html
Drug War Supporters Disregard Pharmacokinetics
Drug War Criminal Mercantilism Public Health Subversion
Drug War Promotes Drug Abuse Over Drug Use
Drug War Supports Neglect History of Vin Mariani
The Narcs Gave Us Crack- Richard Cowan
1904-2004 U.S.D.A.
U.S.D.A. Criminal Mercantilism Against Coca For the sake of Virginia Bright Leaf cigarettes
New Dark Ages U.S.D.A. anti-Coca/aine Crusade
New Dark Age Knights- Hearst, Hopkins, and the AMA/APhA and U.S.D.A.'s Harvey Wiley
The Protected Agricultural Commodity's Consequences
Agricultural Politics of Drug Policy- DPA CONFERENCE PANEL PROPOSAL


Drug Policy Alliance Overly Narrow Approach Raising Suspicions
http://freedomofmedicineanddiet.blogspot.com/2011/09/dpa-raising-suspicions-with-its.html
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Monday, 31 March 2008

Drug Policy Foundation Was Advised by Covington & Burling Food and Drug Attorney

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From my unpublished manuscript "Coca- Forgotten Medicine"
"... We have received valuable advice from Marialuisa Gallozzi, the Covington and Burling associate assigned to take primary responsibility for advising the Foundation. Having Covington and Burling in our corner is a source of great comfort.”
Arnold Trebach and Kevin Zeese, letter dated March 1990
Marialuisa S. Gallozzi (“M.L.”) -- born December 22, 1961[1] – “the Covington and Burling associate assigned to take primary responsibility for advising the [Drug Policy] Foundation” is a partner in the insurance and food and drug practices, admitted to the bar in the New York,1987, and the District of Columbia, 1988 (graduated Harvard University, A.B. cum laude, National Merit Scholar, 1982, and N.Y.U. Law School, J.D. 1986; clerked for Judge Robert G. Doumar E.D. Virginia; subsequently hired at Covington and Burling), according to Covington & Burling’s web site in 2005.

In the insurance area, Marialuisa assists policyholders in settling and mediating coverage disputes and designing insurance portfolios. She works with Bermuda, London Market, U.S. and captive insurers and with a range of traditional and new insurance products. She has extensive experience in asbestos, silica, pharmaceutical and medical device and other coverage claims as well as in insurer insolvencies. Her recent presentations include "Settlement Credits and Excess Insurers" (Mealey's Allocation and Settlement Credits Conference, Nov. 2005) and "Solvent Schemes: Running Off or Running Out?" (Mealey's Advanced Insurance Coverage Conference, Jan. 2006).

Marialuisa is listed in the Guide to the World's Leading Insurance and Reinsurance Lawyers (Euromoney 2004) and The International Who's Who of Insurance & Reinsurance Lawyers. She has co-chaired several Mealey's insurance conferences. In the food and drug area, Marialuisa advises corporations and trade associations on FDA regulation of products including OTC drugs, food, dietary supplements, and medical devices. Her work has involved federal regulation of agricultural biotechnology and plant-based pharmaceuticals.

Her article, "Inactive Ingredients in Over-The-Counter Drug Products", appeared in Regulatory Affairs FOCUS in August 2002. Marialuisa serves as a civil case and child protection mediator in the Superior Court of the District of Columbia. The National Head Start Association named her a 25th Anniversary Star Honoree for her long service to that organization.

The 2004 version, ended with the following line that would be dropped from later versions: “She likes travel, bicycling, photography and cooking”.

Lexis-Nexis lists her practices in these areas of law: Food and Drug Law; Insurance Coverage; Mediation, though without indicating when she entered each.


This 2005 Covington & Burling Marialuisa Gallozzi biography fails to mention her recent paper with regards to agricultural biotechnology and plant-based pharmaceuticals regulation about GMO plants for growing patentable drugs that she is listed as presenting at the U.S.D.A. February 2004 Annual Conference “Ensuring a Healthy Food Supply". She was listed as one of three presenters in a panel “Promise and Pitfalls of Plant-Made Pharmaceuticals And Industrial Compounds,” moderated by Neil E. Hoffman, Director, Regulatory Programs, Biotechnology Regulatory Services, Animal and Plant Health Inspection Service, USDA. Her paper was titled “The (U.S.) Food Industry’s View About the Development of Plant-made Pharmaceuticals and Industrials.” [2] It was only available on the internet briefly in 2004, and of the more then 75 speaker presentations at that 2004 USDA conference, is the only one where both paper and its author are deleted from the later html version of the conference schedule, without replacements.

The firm’s website makes no mention if she has worked in drug policy reform issues, nor the pro bono publico client relationship with the Drug Policy Foundation. The various reports by the Drug Policy Foundation subsequent to 1988-89 report’s March 1990 letter omit any mention of this pro bono publico Covington & Burling/Marialuisa Gallozzi/Drug Policy Foundation connection, nor any other such relationship with any other attorneys or law firms. The description that she was “…assigned to take primary responsibility for advising the [Drug Policy] Foundation” would suggest that any such advice from Covington & Burling to the Drug Policy Foundation, regardless of the physical parties, would be filtered and conceivably decided by her.

The Covington and Burling website (Health page, early 2005) acknowledged that the law firm has worked closely with the Drug Policy Foundation and other organizations involved with drug policy reform:
Commonwealth v. Hutchins. We represent Mr. Hutchins and the interests of similarly situated patients for whom the medical use of marijuana is necessary, in a variety of state and national initiatives aimed at decriminalizing such use. We work closely with the Drug Policy Foundation, the Marijuana Policy Project and sympathetic members of Congress and selected state legislatures. American Civil Liberties Union - Drug Policy Litigation Project. We were asked to assist the ACLU in preparing a letter to the Drug Enforcement Agency in support of an application by a professor at the University of Massachusetts for registration to manufacture or distribute controlled substances for the purposes of a scientific study on medical marijuana. Specifically, they requested that we opine on the consistency of the application with the United States' treaty requirements pursuant to the 1961 Single Convention on Narcotic Drugs. We have continued to provide advice on related aspects of this matter.
[1] Lexis-Nexis search: http://www.lawyers.com/find_a_lawyer/search/atty_profile.php?attyindex=0&firmlid=355425&attylid=355474&attylids=355474&lids=&country=&firmname=&firstname=Marialuisa&lastname=Gallozzi&searchtype=N&termtype=2&personalaop=&personalterm=&businessaop=&businessterm=&language=&pagenum=1&city=&county=&state=&country=&resultcount=&displaycount=&sorttype=&sed=&ts=0 [2]“U.S. Food Industry’s View on the Development of plant-made Pharmaceuticals and Industrials” by Marialuisa Gallozzi is listed in PDF http://www.usda.gov/oce/forum/Archives/2004/Program/2-10final.pdf and other fixed format versions of that conference’s published schedule, with its author’s name appearing with two other panelists, Barry Holtz, CEO, Inflexion Therapeutics, who gave a presentation “Moving Products into the Clinic: The Next Stage of Development for the Plant-made Pharmaceuticals Sector” and Rachel G. Lattimore, Attorney, Arent Fox Kintner Plotkin & Kahn, PLLC, who gave the presentation “Plant-Made Pharmaceuticals Confinement Systems”.

However, later html achieves

http://www.usda.gov/oce/forum/Archives/2004/speeches/speeches.htm#promisepitfall

delete both this paper regarding the topic GMO plants for growing patentable drugs, otherwise known as "Plant Based Pharmaceuticals" or "Plant Made Pharmaceuticals"and its author’s name on the list of panelists- apparently purged, according to a USDA research librarian who could find no way to access this paper. (Other such papers that are not available are nonetheless otherwise still listed along with their authors’ appearance upon their respective panels).

From “The (U.S.) Food Industry’s View About the Development of Plant-made Pharmaceuticals and Industrials” by Marialuisa Gallozzi, viewable here

Mention of this paper was subsequently added in her Covington & Burling biography which appears in the following 2008 version:
Marialuisa ("ML") Gallozzi is a partner in the insurance coverage and food and drug practices.

Her insurance advisory practice focuses on: negotiating settlements of insurance coverage disputes; advising policyholders on the insurance aspects of transactions; negotiating and analyzing terms of policies, including clinical trials, patent and other specialty coverages; and representing policyholders in claims against insolvent and runoff insurers in the United States and abroad, and state guaranty funds. She also provides food and drug advice to manufacturers of medical devices, over-the-counter drugs, and dietary supplements.

Ms. Gallozzi is a managing partner for Legal Personnel at the firm, with responsibility for associate issues. She served as an Associate Ombudsperson and co-chaired the summer associate program from 2004 to 2006.

Representative Matters

  • Advised Sotheby's on placement of its E&O coverage.
  • Represented a major American food supplier in complex novation transaction involving workers compensation policies.
  • Advised a clinical trials organization on coverage under its clinical trials policy.
  • Represented a multinational corporation seeking coverage for an employee dishonesty claim involving a foreign subsidiary.
  • Represented a medical device manufacturer in dealings with FDA concerning a product recall and subsequent investigation.
  • Represented a financial services company in recovering for its property and business interruption losses caused by the September 11 terrorist attacks.
  • Negotiated numerous settlements with domestic and foreign insurance carriers securing coverage for silicone breast implant, IUD, heart-valve, asbestos, and environmental claims.

Honors and Rankings

  • Chambers USA, leading Insurance - Policyholder lawyer (2007-2008)
  • Guide to the World’s Leading Insurance and Reinsurance Lawyers, Legal Media Group/Euromoney (2006)
  • The International Who’s Who of Business Lawyers (2007)

Pro Bono

  • District of Columbia Superior Court Multi-Door Dispute Resolution Division, Civil Mediator (since 1997) and Child Protection Mediator (since 2004).
  • Representation of the National Head Start Association since 1988, 25th Anniversary Star Honoree in 1998.

Publications

Presentations and Speeches

  • "Settlement Credits and Excess Insurers," Mealey’s “All Sums: Reallocation & Settlement Credits” Conference (November 2005)
  • "The Food Industry’s View About the Development of Plant-Made Pharmaceutical and Industrials," USDA’s Agricultural Outlook Forum: Ensuring a Healthy Food Supply (February 2004)
  • "Insuring Biotech Risks," American Bar Association, Section of Litigation, Insurance Coverage Litigation Committee CLE Seminar (March 2003)

Practices

Industries

Education

  • New York University School of Law, J.D., 1986
    • Journal of International Law and Politics, Articles Editor
  • Harvard University, A.B., 1982
    • cum laude

Judicial Clerkship

  • Hon. Robert G. Doumar, U.S. District Court, Eastern District of Virginia, 1986-1987

Bar Admissions

  • District of Columbia
  • New York

Languages

  • French
  • Italian


Covington & Burling - Bio - Marialuisa Gallozzi
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Drug Policy Foundation Washington, D.C. Legal Connection

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From my unpublished manuscript "Coca- Forgotten Medicine"

Covington and Burling
- A Law Firm long Involved with Foundations, Tobacco, Foods, Pharmaceuticals


In 1988 the recently founded Drug Policy Foundation became additionally connected in Washington, D.C. According to a letter dated March 1990 at pages 2-4 of the 1988-89 Drug Policy Foundation BIENNIAL REPORT by Arnold S. Trebach and Kevin B. Zeese:
While the Drug Policy Foundation has outstanding counsel in Kevin Zeese, the leading Washington law firm Covington and Burling accepted the Foundation as a pro bono publico [for the public good] client in regard to corporate and tax matters in 1988. We have received valuable advice from Marialuisa Gallozzi, the Covington and Burling associate assigned to take primary responsibility for advising the Foundation. Having Covington and Burling in our corner is a source of great comfort.”
The firm today known as Covington and Burling is one of the most prominent, prestigious and connected international law firms in the world, specializing in many areas of government policy -- statutory and regulatory -- involving international trade, technologies, with a clientele list including about half of the Fortune 500 companies, with an established advisory reputation for abroad swath of the world’s economic activity. Its main areas of practice are TMT, intellectual property, corporate (including M&A, private equity, commercial, licensing, public and private placements), life sciences, litigation, tax, employment, and competition/international trade. Its’ current headquarters, the upper five floors of the building completed for the firm in 1981 at 1201 Pennsylvania Avenue directly diagonally across the street from the Benjamin Franklin statute at the Old Post Office Building, symbolizes its own prominence in 20th century U.S. politics, being roughly midway between the U.S. White House and the U.S. Capitol.

It was initially founded in 1919 by Judge James Harry Covington, a former U.S. Representative from the 4th District of Maryland (1909-1913) who was in office shortly after the enactment of the 1906 Food and Drugs Act, through the time leading to the 1914 Harrison Act, and who was appointed as a Judge by U.S. President Woodrow Wilson. It became Covington and Burling with the addition of Chicago lawyer Edward Burling, who was married to Louise Peasley, a daughter of railroad tycoon James C. Peasley of the Burlington Railroad also president of the National State Bank (of whom another daughter Mathilda was married to Frederic A. Delano- uncle of later U.S. President Franklin Delano Roosevelt, who was on the original Board of Governors of the Federal Reserve System in 1914), who moved to Washington, D.C. to become chief counsel of the Shipping Board during World War I, following U.S. President Woodrow Wilson's government’s nationalization of the railroads and seizing control of the shipping industry. (The early 1900s brought a sharp increase in federal law-making, not limited to the 1906 Food and Drug Act and the 1914 Harrison Narcotics Tax Act.)
The founders of Covington & Burling foresaw the pervasive effects of the forthcoming era of federal legislation, regulation, and taxation. In 1919, they sought to create a firm in the nation's capital that could advise and represent corporations located anywhere in the nation or the world on a wide range of legal issues. Today our Washington office has over 300 lawyers representing clients according to the highest standards and fulfilling the firm's strong commitment to public service. Our lawyers are supported by nearly 100 paralegals and by information management specialists in the library, and in the litigation and practice support, and technology departments.

http://www.covingtonandburling.com/offices/washington/description.html

This firm’s oldest practices is its presence in food and drug law, with its web-site in 2005 listing 18 attorneys at its Washington, D.C. headquarters – 9 partners including two former Chief Counsels to the Food and Drug Administration (and including Marialuisa Gallozzi, ”assigned to take primary responsibility for advising the [Drug Policy] Foundation”), and 9 associates – who devote all or a major portion of their time to this practice, plus 6 additional lawyers at its offices in London and Brussels. According to the firm’s site at

http://www.cov.com/practices/oid52689/description.html

Covington & Burling has a large and comprehensive food and drug law practice. The Firm’s food and drug practice began at the Firm’s founding in 1919 with representation of the National Canners Association (now the National Food Processors Association and still a client). From that time, the Firm’s practice has steadily expanded to include all types of food and drug work and work relating to scientific and technology research. Past and present clients for which the Firm serves as general counsel or principal outside counsel include the Animal Health Institute, American Institute of Biological Sciences, American Bakers Association, American Forest & Paper Association, Chemical Industry Institute of Toxicology, Corn Refiners Association, Cosmetic, Toiletry and Fragrance Association, Epilepsy Foundation of America, Institute of Shortening and Edible Oils, International Dairy Foods Association, National Food Laboratories, National Pharmaceutical Council, Consumer Healthcare Products Association and Toxicology Forum.
This work includes political organization on behalf of its clientèle industries. According to the firm’s site at http://www.cov.com/practices/oid6266/description.html

The Firm was actively involved on behalf of major clients in connection with each important statutory revision in the federal food and drug laws, including the 1938 Federal Food, Drug, and Cosmetic Act, and its major amendments, including —

the Pesticide Amendments of 1954,
the Food Additives Amendment of 1958,
the Color Additive Amendments of 1960,
the Drug Amendments of 1962,
the Animal Drug Amendments of 1968,
the Medical Device Amendments of 1976,
the Orphan Drug Act,
the Drug Price Competition and Patent Term Restoration Act of 1984,
the Generic Animal Drug and Patent Term Restoration Act of 1988,
the Prescription Drug Marketing Act of 1988,
the Safe Medical Devices Act of 1990,
the Nutrition Labeling and Education Act of 1990,
the Prescription Drug User Fee Act of 1992,
the Animal Medicinal Drug Use Clarification Act of 1994,
the Dietary Supplement Health and Education Act of 1994,
the Animal Drug Availability Act of 1996,
the FDA Export Reform and Enhancement Act of 1996,
the Food Quality Protection Act of 1996, and
the Food and Drug Administration Modernization Act of 1997.
Our lawyers have advised or represented clients in a wide range of legislative matters at both the federal and state levels. We have prepared draft legislation and analyzed legislative proposals, including interaction with Congressional members and staff. We have prepared Congressional testimony and advised clients in connection with committee and subcommittee hearings. Our lawyers have advised clients on compliance with new statutory enactments, and represented trade association clients in rulemaking proceedings to implement new statutes. As the 104th Congress undertook to address the issues of general regulatory reform and more specifically FDA reform, firm lawyers played a major role in conjunction with food, drug and cosmetic industry trade associations and other clients in analyzing and drafting legislative reform proposals, and in preparing testimony for presentation at committee hearings.

http://www.cov.com/practices/oid6266/description.html


Covington & Burling’s clientele amongst pharmaceutical and agriculture related firms includes:
GlaxoSmithKline, Monsanto, Merck, Warner-Lambert (Pfizer), Eli Lilly, The Balli Group

Covington for decades has been a preeminent antitrust advisor, regularly providing U.S. and EU antitrust advice to Rx and OTC pharmaceutical companies and biotechnology firms around the world in connection with mergers, acquisitions, divestitures, litigation, R&D collaborations, licensing transactions and other strategic transactions. We have been home to four former heads of the Justice Department’s Antitrust Division and two Chairmen of the ABA Antitrust Law Section - a unique distinction among law firms actively practicing in the antitrust area.
Unmentioned in the firm’s web site is its long established activities as one of, if not unquestionably in every way the world’s largest, legal representative of such agricultural-commodity related industries in one way or another, of pharmaceutical and Tobacco (cigarette) interests.

Covington & Burling also represents every major American tobacco company, including Brown & Williamson Tobacco Corp., Lorillard Tobacco Co., Philip Morris Inc., and R.J. Reynolds Tobacco Co, as well as the now-defunct industry trade association, the Tobacco Institute. The firm helped develop and coordinate the Whitecoat Project, an attempt to keep controversy alive regarding the dangers of passive smoking by hiring scientists to back up and attempt to give credibility to the tobacco industry's point of view that second-hand smoke is not a health risk.

According to internal tobacco industry documents analyzed in 1999 by Public Citizen and the Center for Justice and Democracy, Covington & Burling was a principle organizer and funding conduit for tort reform efforts on behalf of the tobacco industry. Covington & Burling has acted as a pipeline to direct money from its tobacco industry clients to tort reform groups in the states and across the country. For example, in 1995, the tobacco industry allocated nearly $5.5 million to the American Tort Reform Association (ATRA), more than half of ATRA’s $10.2 million budget according to the Associated Press.8

A memo written by a Covington & Burling partner that year reveals the extent to which the law firm helped orchestrate the tobacco industry's tort reform agenda. Written to the industry’s "Tort Reform Policy Committee," the memo called for an expansion of efforts, including a "communications program … intended to enhance our ability to enact favorable legislation at both the federal and state level." The memo noted that "these media activities, to be effective, must not be linked to the tobacco industry."

Covington & Burling is also one of the largest contributors of pro bono work for a wide array of causes from Big Brothers/Sisters to medical marijuana (Therapeutic Cannabis), and has provided valuable legal assistance in a number of such cases, including that by that firm’s Partner Dr. Michael Michelson. This includes work for various tax exempt status Foundations dedicated to some issue or another, including the Drug Policy Foundation. Philanthropic and Grant-Making Organizations
The Firm’s lawyers are regularly sought out to advise on the creation, reorganization and funding of private foundations (including family and company foundations, as well as foundations affiliated with associations or other tax-exempt entities), supporting organizations and public charities and the use of charitable contributions to accomplish specific client goals. In addition, charitable remainder and charitable lead trusts, which require analysis of the federal and state income, gift, estate and generation-skipping transfer tax consequences of each structure, are used to achieve clients’ charitable, tax and family goals. Our clients include the Eugene and Agnes E. Meyer Foundation, the Packard Humanities Institute, Verizon Foundation and UTC Foundation. In one instance we represent affiliated grant-making organizations worth well in excess of $1 billion.
Covington & Burling’s practice with foundations is a long established connection, with the name Frederic A. Delano (Edward Burling’s bother in law by marriage), appearing amongst the 1909 founders of the Carnegie Institution of Washington D.C. (with Daniel Coit Gilman, Cleveland H. Dodge, Andrew Dickson White, and Elihu Root, Darius Ogden Mills and William E. Morrow), and in 1921 the Carnegie Endowment for International Peace was incorporated by Frederic A. Delano, Robert S. Brookings, Elihu Root, who became its first president, John W. Davis, Dwight Morrow, James T. Shotwell. Frederic A. Delano’s name appears as the 1924 founder of the influential Washington D.C. planning group “Committee of 100.”
Covington & Burling
1201 Pennsylvania Avenue, Washington, D.C.

Drug Policy Foundation Advised by Covington & Burling Food, Drug and Insurance Attorney
http://freedomofmedicineanddiet.blogspot.com/2008/03/drug-policy-foundation-advised-by-c.html


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